ISSN: 1996-2126
Affiliations: Professor of Law, University of the Western Cape
Source: South African Journal on Human Rights, Volume 30 Issue 1, 2014, p. 206 – 209
None
ISSN: 1996-2126
Affiliations: Researcher, Centre for Law and Society, University of Cape Town; Senior Researcher, Centre for Law and Society, University of Cape Town
Source: South African Journal on Human Rights, Volume 30 Issue 1, 2014, p. 196 – 205
None
ISSN: 1996-2126
Affiliations: Professor, Human Rights and Constitutional Law, University of Johannesburg; Director, South African Institute for Advanced Constitutional, Public, Human Rights and International Law; Secretary General (Acting), International Association of Constitutional Law
Source: South African Journal on Human Rights, Volume 30 Issue 1, 2014, p. 183 – 195
None
ISSN: 1996-2126
Affiliations: Research associate, Centre for Public Management and Governance, University of Johannesburg
Source: South African Journal on Human Rights, Volume 30 Issue 1, 2014, p. 159 – 182
None
ISSN: 1996-2126
Affiliations: Researcher and Lecturer in Jurisprudence, Faculty of Law, University of Pretoria
Source: South African Journal on Human Rights, Volume 30 Issue 1, 2014, p. 134 – 158
None
ISSN: 1996-2126
Affiliations: Professor of Law, University of the Witwatersrand
Source: South African Journal on Human Rights, Volume 30 Issue 1, 2014, p. 111 – 133
In South Africa, as elsewhere, intimate partner violence is legally addressed through a specific statute, the Domestic Violence Act. Although this legislation is progressive in recognising the socio-economic antecedents to and consequences of gendered violence, the implementation of the Act has been particularly ineffective in this area. Moreover, courts tend to assume that intimate partner violence would have been adequately dealt with in terms of the Act and thus to ignore its impact on other legal issues. This restricts the development of legal remedies for violence in other areas of the law, even as the remedies available under the Domestic Violence Act fail to be implemented. The South African Constitution is progressive in its commitment to gender equality, and also includes a wide range of socio-economic rights. Drawing on international literature, this article will focus on some of the socio-economic rights of the survivors of violence, such as rights to housing and employment, social security and health in order to shift the current paradigms of intimate partner violence, focused primarily on gender. It argues that such a shift can lead to a range of new remedies for survivors of gendered violence, whilst simultaneously strengthening the argument for improved implementation of the socio-economic elements already contained in the Act.